FLORENCE C. SHELDON, APPELLANT,
v.
J. WILLIAM TIERNAN, AS TRUSTEE, J. WILLIAM TIERNAN, INDIVIDUALLY AND EAST ATLANTIC CORP., A FLORIDA CORPORATION, APPELLEES
FLORENCE C. SHELDON, APPELLANT,
J. WILLIAM TIERNAN, AS TRUSTEE, J. WILLIAM TIERNAN, INDIVIDUALLY AND EAST ATLANTIC CORP., A FLORIDA CORPORATION, APPELLEES
Florida District Court of Appeal, Second District (1982)
Caution
Cited by 12 cases
Opinion of the Court
The appellant has moved to strike portions of the appellee’s brief as an attempt to argue on appeal a factual issue not raised in the trial court. Appellate review is, of course, confined to the record on appeal. We find that the protested portion of appellee’s brief goes outside the record and that the appellant’s point is well taken. The motion to strike is granted. Maistrosky v. Harvey, Fla.App.1961, 133 So.2d 103, 105; Kelley v. Kelley, Fla.1954, 75 So.2d 191.
ALLEN, Acting C. J., and KANNER and WHITE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (12 total)
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Lusk v. State, 446 So. 2d 1038 (Fla. 1984)…given curative instructions to disregard any inferences that could be drawn from said remarks. Because of a lack of an objection we must hold that the issue was not preserved for appeal and thus is not properly before this Court. Collins v. Farley, 147 So. 2d 593 (Fla. 3d DCA 1962). Even if this issue were properly preserved, the trial court’s remarks do not constitute grounds for reversal. Viewed in relationship to the totality of circumstances, the above comments clearly appear incidental within the scheme…
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Suiero v. State, 248 So. 2d 219 (Fla. 4th DCA 1971)…the state from introducing the same evidence in the trial below; that the utilization of such evidence below constituted double jeopardy. It is fundamental that appellate review is confined to the record on appeal, Sheldon v. Tiernan, Fla.App.1962, 147 So. 2d 593. A review of the record on appeal in the case sub judice reveals that the record is devoid of any evidence pertaining to the Dade County proceedings. Nor does the record contain a transcript of the proceedings before the trial court either corrobora…
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Thornber v. City OF Fort Walton Beach, 534 So. 2d 754 (Fla. 1st DCA 1988)…show cause order, counsel for appellant continued to argue that the documents he seeks to have this court consider are properly contained in the record. It is axiomatic that appellate review is confined to the record on appeal. Sheldon v. Tiernan, 147 So. 2d 593 (Fla. 2d DCA 1962); Permenter v. Bank of Green Cove Springs, 136 So. 2d 377 (Fla. 1st DCA 1962). Rule 9.200(a)(1) of the Florida Rules of Appellate Procedure states that the “record shall consist of the original documents, exhibits, and transcripts…
Previewing 3 of 12 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Sheldon v. Tiernan, 147 So. 2d 167 (Fla. 2d DCA 1962)
- Maistrosky v. Harvey, 133 So. 2d 103 (Fla. 2d DCA 1961)
- Thames v. Euna Creech Thames, 75 So. 2d 191 (Fla. 1954)
- Nida Ellen Kelley v. Kelley, 75 So. 2d 191 (Fla. 1954)